What needs to be proved to sue and win for a racial discrimination case?

2 of my supervisors use derrogatory words against ones race like “cracker”, ” I hate **** **** white people”, “the only cool white person I know is my mom”, “white people get on my nerves”. Is that considered discrimination? have told my manager and asked to be taken of the shift and go to another shift. At what point is it illegal for a supervisor to say things like this? These words have not been said directly to me but in my presence on the job lots of times. I am the only white person there and am the minority. I think this is wrong.

Asked on May 27, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As soon as these words were said in an employment context, they were illegal. Federal (i.e. national) law, as well as the law of most states, makes it clearly illegal to discriminate or harass employees on the basis of race. The comments you describe would constitute harassment. You could potentially file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or your state equal rights or civil rights agency; and/or consult with a private employment law attorney about bringing a legal action.


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